Robert Mueller’s investigation into the campaign of President Trump is getting more and more reprehensible. The investigation is founded upon the phony pretext that President Trump somehow colluded with Russia to win the Presidency. And now it seems that Mueller’s team is setting up a trap for anybody who is required to testify before them.
According to Judge Andrew Napolitano writing for Fox News, Mueller’s team now has access to every single email that was sent to and from President Trump’s transition team between November 2016 and January 2017. The team is then likely to use, and may already have begun doing so, to trap transition team employees into lying during the investigation. When questioned by the investigation, the team members are well within their right to be vague or say they don’t know about a question to avoid incrimination of themselves.
However, because Mueller’s team has access to their emails, those being questioned are walking into a trap where if they do not say what is exactly in the email they will be branded as liars and as hindering the investigation. How do we know this is what Mueller will do? Because this is exactly what happened to Michael Flynn and it doesn’t seem like they will stop anytime soon.
The reason the acquisition of the emails is so dicey for Mueller is that, while lawful, the seizure was far from moral. Because the request by the FBI to get the documents from the transition team occurred after President Trump’s swearing it, all of the emails were in the custody of the General Services Administration (GSA) who ultimately turned them over. According to Judge Napolitano, the FBI has three options when it comes to acquiring documents from parties .
“When the FBI is looking for documents or tangible things, it has several legal tools available. They range in their disruptive nature from a simple request to a grand jury subpoena to a judicially authorized search warrant.”
We already know the FBI did not get a warrant, which leaves two options, both immoral. If the FBI simply asked the GSA for the documents and they turned them over, the FBI’s acquisition was legal, however, by not talking to members of the transition team the GSA “violated a fiduciary duty to inform the PTT [Presidential Transition Team] of the request before they complied with it.” That same duty would also have effectively been breached if the FBI came with a subpoena. The custodian of the documents, here the GSA, had a duty to warn the transition team of the request so that they could challenge it in court if they wanted to.
However, we are left with thousands of emails in the hands of the FBI who clearly intends to trick transition team members into incriminating themselves as they did Michael Flynn.